Driving under the influence is always a mistake. If caught, the driver will face criminal charges.
In Ohio, a person is driving under the influence (DUI) when their breath alcohol test shows a level of 0.08 or higher. However, passing the breath test doesn’t necessarily clear the driver. If the officer believes the driver may be under the influence, they may still make a DUI arrest.
If you or someone you love is facing DUI charges in Ohio, you need a qualified Cincinnati and Dayton criminal defense attorney. All DUI charges in Ohio can result in hefty fines, loss of driver’s license, a probationary period, and possibly jail time.
First-time DUI offenders receive misdemeanor charges in Ohio. Nonetheless, the criminal charges and subsequent sentencing for a misdemeanor DUI are still quite serious.
The First Offense
First-time offenders will face fines of up to $1,075 and up to six months behind bars.
The Second Offense
A second DUI is still a misdemeanor, but the consequences are worse. This charge will result in the defendant owing up to $1,625 in fines and facing a mandatory 10 days in jail. If authorities discover a large amount of drugs or alcohol in the system, the judge may decide on a longer sentence.
A person is only charged with a felony DUI if they have three to four past DUI convictions within the last decade. It’s also possible if the defendant is already a felon or has five or more DUI convictions in the past 20 years.
A defendant may receive fourth-degree felony charges if they’ve had four or more DUI convictions in six years or six or more in 20 years. It also requires either a low or high breath alcohol test, a test refusal, or illicit drugs in the system. If the person has a high breath alcohol test or drugs in their system, it’s also a fourth-degree felony but with worse charges.
Along with the above qualifications, a defendant may receive third-degree felony charges if they were already a felon at the time of their arrest.
Driving under the influence may result in the death of another person. If so, the prosecuting team will charge the driver with aggravated vehicular homicide. This is a first-degree felony. A conviction will come with a mandatory 15 years of prison time.
Help from an Experienced Southern Ohio Criminal Defense Attorney
If you’re facing DUI charges in Ohio, you need L. Patrick Mulligan & Associates, LLC. You deserve a criminal defense attorney who will fight for your freedom. With more than 50 years of combined experience, we’ll provide a thorough legal defense.
Contact us now for a free case evaluation — (937) 685-7006.